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PC Min 09/14/2004 CITY OF CAMPBELL PLANNING COMMISSION MINUTES 7:30 P.M. TUESDAY SEPTEMBER 14,2004 CITY HALL COUNCIL CHAMBERS The Planning Commission meeting of September 14,2004, was called to order at 7:30 p.m., in the Council Chambers, 70 North First Street, Campbell, California by Chair Doorley and the following proceedings were had, to wit: ROLL CALL Commissioners Present: Chair: Vice Chair: Commissioner: Commissioner: Commissioner: Commissioner: Commissioner: George Doorley Elizabeth Gibbons Bob Alderete Tom Francois Joseph D. Hernandez Michael Rocha Bob Roseberry Commissioners Absent: None Staff Present: Community Development Director: Senior Planner: Associate Planner: City Attorney Recording Secretary: Sharon Fierro Geoff 1. Bradley Tim J. Haley William Seligmann Corinne A. Shinn APPROVAL OF MINUTES Motion: On motion of Commissioner Francois, seconded by Commissioner Rocha, the Planning Commission minutes of August 24, 2004, were approved as submitted. (6-0-0-1; Commissioner Gibbons abstained) COMMUNICATIONS There were no communications items. AGENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. ORAL REQUESTS There were no oral requests. Planning Commission Minutes of September 14, 2004 Page 2 *** PUBLIC HEARING Chair Doorley read Agenda Item No.1 into the record. 1. PLN2004-89 Korb, D. Public Hearing to consider the application of Mr. David Korb, on behalf of The Professional Culinary Institute, for a Conditional Use Permit (PLN2004-89) to allow the establishment of a culinary school consisting of approximately 19, 153 square feet within an existing commercial building on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue in a C-2-S (General Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Tim J. Haley, Associate Planner. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow the establishment of a culinary school within a three-story office building located on the corner of San Tomas Expressway and Hamilton Avenue. This is the building currently occupied by Gold's Gym on the first floor and by the College of Communication on the second floor. The applicant is proposing to occupy the third floor, consisting of approximately 19,153 square feet. · Explained that a commercial school is permitted within the C-2-S Zoning District with a Conditional Use Permit. · Described the culinary school as consisting seven formal kitchen classrooms, two demonstration kitchens as well as lecture assembly areas. · Said that 105 parking spaces are required per ordinance standards. There are 270 spaces serving the entire building. One third of those would be dedicated to the third floor use for a total of 90. · Added that the Planning Commission can elect to vary from the parking requirements on a shared parking analysis. The applicant has submitted a letter saying that this is a unique use with a lot of kitchen space and small teacher to student ratio. The nature of the school is such that not all students will arrive individually. Nearby housing will be provided within walking distance for a number of students. · Recommended the adoption of a Resolution approving this Conditional Use Permit. Chair Doorley expressed confusion since it appears 96 spaces are available and 90 required as documented in a letter from the applicant. Associate Planner Tim J. Haley clarified that per the required parking ratio for this use, 105 parking spaces are required. Per the applicant's lease agreement with the property owner, 96 spaces will be dedicated to this use. Commissioner Hernandez asked if the 105 spaces are based solely upon the seven classrooms or if it considers also the demonstration kitchens. Planning Commission Minutes of September 14, 2004 Page 3 Associate Planner Tim J. Haley replied that the classrooms are themselves kitchens. There are seven working classrooms. Commissioner Hernandez sought clarification as to whether the two demonstration kitchens could also serve as classrooms. Associate Planner Tim J. Haley said he would have to defer this question to the applicant. Commissioner Roseberry presented the Site and Architectural Review Committee Permit report as follows: · SARC reviewed this proposal at its meeting of August 24th and was supportive. · Explained that parking was discussed and SARC was comfortable with the idea of a shared parking concept due to the staggered peak use times of tenants of this building. Chair Doorley opened the Public Hearing for Agenda Item No 1. Ms. Meg Stein, 1203 Hazel Avenue, Campbell: · Advised that she is speaking here as a private citizen. · Stated that she hopes that the Planning Commission supports this project, as this is a great opportunity. · Said that she is really excited about this and hopes that perhaps down the road people may somehow be able to test the food prepared by these students. Mr. David Korb, Project Applicant: · Introduced himself and made himself available for questions. Commissioner Hernandez asked Mr. David Korb what having three shifts means. Mr. David Korb replied that there would be a morning, afternoon and evening shift. He added that they would be leasing apartments at the adjacent apartment complex, the Appletree Apartments, that they will sublease to students of the culinary school. Commissioner Hernandez sought clarification that there are seven classrooms with three shifts per classroom. Mr. David Korb said that the model for this school is in Connecticut where most students commute and room together to equal less traffic by at least half. Commissioner Hernandez pointed out that the maximum occupancy would be 161 with instructors, staff and 144 students. Commissioner Rocha pointed out that a recent article in the Campbell Reporter mentioned the hope to grow the school to 400 students. Questioned if that number is anticipated for this particular location. Planning Commission Minutes of September 14, 2004 Page 4 Mr. David Korb said that about 75 parking spaces for three different shifts could accommodate that number. He reminded that the size of the facility limits the capacity. There are eight kitchens all told with a maximum occupancy of 16 students per kitchen. Commissioner Rocha asked how many apartments would be leased for the school. Mr. David Korb said that it would depend upon the student demand. Two students would occupy one-bedroom units and four students would occupy two bedroom units. Commissioner Gibbons said that this is an exciting project and questioned whether her numbers are correct that approximately 250 people could be seated at one time. Mr. David Korb replied that there would be a maximum of 124 at a time with every kitchen full. Commissioner Gibbons: · Asked how many actual seats would be available and if a larger capacity than 124 would be possible. · Reminded that a Conditional Use Permit runs with the land not the user and that there is no guarantee that a future operator would conduct business in the same way as this applicant. · Said that it must be clear that the Conditional Use Permit is granted for a particular number of occupants to correspond with the available parking. Mr. David Korb advised that occasionally there would be celebrity chefs invited and demonstrations held. This would occur when there are no classes in session with a maximum attendance of 30 in the audience. Commissioner Gibbons pointed out that enforcement of the maximum number of students is difficult. Mr. David Korb added that they are hoping to also conduct charity events on site that may generate large crowds. Commissioner Gibbons asked Mr. David Korb if he is aware that he would also be required to undergo a building permit process following approval of a Use Permit. Mr. David Korb replied yes. Mr. Scott Cooley, Property Owner, 700 W. Hamilton Avenue, Campbell: · Asked the Commission to take into consideration the existing parking situation. · Pointed out that Gold's Gym hardly uses parking during daytime hours and that the uses on site have counter parking usage needs. Parking is never used up. There is tons of parking available and there have been no complaints over available parking on site or in the immediate area. · Said that the Communications School is also mostly a daytime use. Planning Commission Minutes of September 14, 2004 Page 5 Chair Doorley asked if the lowered requirement is supported based upon a shared parking concept. Mr. Scott Cooley added that if more parking is required in the future, he could arrange use of neighboring properties' parking after regular business hours, as he knows the owners. Mr. David Korb asked the Commission if the issue of most concern is the number of students in the building or the amount of parking provided. He advised that they plan to purchase an apartment complex and arrange to bus students from there to the school. Chair Doorley replied that there are several issues. Commissioner Gibbons said that the concern is that whatever is approved for this site stays with the site and not just the specific applicant. Mr. David Korb said he was concerned with establishing an artificial limitation. Chair Doorley closed the Public Hearing for Agenda Item No.1. Commissioner Francois: · Informed that he was excited to have this culinary institute in our City. · Said that with the prestige attached, this will be a real asset. · Stated that he shares Ms. Stein's enthusiasm and wants to be on record that he will support this request. Chair Doorley: · Said that he shares this enthusiasm. · Suggested that the Community Development Director might do a possible reVIew of parking in the future. · Stated that this is a marvelous addition. Commissioner Gibbons said that getting the Community Development Director involved in a review of parking is a good idea. Director Sharon Fierro: · Said that the Conditions of Approval run with the land. · Said that a parking management plan may be required in the event that there are problems. This could include requirements for shuttle service, issuance of parking stickers or other options. · Pointed out that this culinary institute will involve a tremendous financial investment in kitchen setups. Commissioner Gibbons supported a Condition to gIve the Director some latitude III the handling of parking. Commissioner Rocha concurred and pointed out that parking often becomes an issue with businesses. Expressed his support. Planning Commission Minutes of September 14, 2004 Page 6 Commissioner Hernandez said that parking is of concern and that Conditions of Approval should be built in that offers remedies if parking problems arise. Chair Doorley pointed out that there is a bus stop directly in front of this location. Director Sharon Fierro said that the Commission could require carpooling, Fast Pass participation and other remedies. Chair Doorley suggested that the City Attorney pre-draft conditions. Director Sharon Fierro advised that the City Attorney is already doing so. Motion: Upon motion of Commissioner Alderete, seconded by Commissioner Francois, the Planning Commission Adopted Resolution No. 3582 approving a Conditional Use Permit (PLN2004-89) to allow the establishment of a culinary school consisting of approximately 19,153 square feet within an existing commercial building on property owned by Mr. Scott Cooley located at 700 W. Hamilton Avenue and found this project to be Categorically Exempt under CEQA with the following additions to the Conditions: · Add a Condition that if at any time the Community Development Director determines that parking demand is in excess of parking available on-site, the Community Development Director may take the following actions: 1. Place limitations on occupancy; 2. Require the provision of additional parking and/or 3. Require the preparation of a Parking Management Plan that incorporates carpooling, shuttles and other mitigation measures. · Added Item I-D to the Conditions to read that Special Events may be held on the weekends and evenings, by the following roll call vote: AYES: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None NOES: ABSENT: ABSTAIN: Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** Chair Doorley read Agenda Item No.2 into the record. Planning Commission Minutes of September 14, 2004 Page 7 2. PLN2004-85 Kahlon Enterprises Public Hearing to consider the application of Kahlon Enterprise, Inc. for a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing liquor store (Freddies Liquors) by approximately 2,226 square feet in order to accommodate a delicatessen and the expansion of the liquor store and to include wine tasting on property owned by Wing Center located at 1581 W. Campbell Avenue, Units Nand Q, in a C-I-S (Neighborhood Commercial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 calendar days. Project Planner: Tim J. Haley, Associate Planner Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicants are seeking to expand an existing liquor store into an adjacent tenant space located at the corner of San Tomas Aquino Road and W. Campbell Avenue. · Explained that a Use Permit was approved in 2000 to establish a liquor store consisting of 2,650 square feet. · Stated that this expansion would increase the square footage by 2,226 square feet. · Said that the operational hours are from 8 a.m. to 11 p.m. daily. There are three employees. · Added that the expansion would accommodate a wider wine selection, a delicatessen and a wine tasting area. · Said that the site is surrounded by commercial uses on four sides, including a small retail strip mall, a service station, San Tomas Plaza and the Big Lots store. · Recommended approval and advised that the Police Department had no objections. Chair Doorley asked staff if the tenant space has already been expanded. Director Sharon Fierro replied yes. Commissioner Alderete asked why Chair Doorley asked this question. Chair Doorley replied that he is concerned about the need for a retroactive approval. Commissioner Roseberry asked if the wine tasting has begun yet. Associate Planner Tim J. Haley replied that he is not sure. Chair Doorley opened the Public Hearing for Agenda Item No 2. Mr. Darshan Kahlon, Applicant: · Introduced himself. Commissioner Roseberry asked if the wine tasting area would be a defined area with limited access. Planning Commission Minutes of September 14, 2004 Page 8 Mr. Darshan Kahlon replied yes. Commissioner Alderete asked where on the site plan the wine tasting area would be located. Mr. Darshan Kahlon advised that the wine tasting would only occur on Saturdays. Senior Planner Geoff 1. Bradley advised that there are specific ABC requirements for off sale liquor sales versus on-site wine tasting. No on-site consumption is permitted with an off-sale liquor license. Chair Doorley asked why the remodel moved forward without the necessary approval. Mr. Darshan Kahlon assured that no wine tasting is occurring yet. Commissioner Alderete asked by what percentage the liquor sales space would be expanded. How much additional square footage. Mr. Darshan Kahlon replied 1,500 square feet. Commissioner Gibbons asked if the demolition of the Campbell Baking Company space was done without permits. Mr. Darshan Kahlon replied no. They obtained the necessary Building permits. Associate Planner Tim 1. Haley clarified that retail uses are permitted. Commissioner Roseberry asked if a designated area for wine tasting would be allowed all the time. Mr. Darshan Kahlon said that the wine tasting would occur on Saturdays only. Chair Doorley closed the Public Hearing for Agenda Item No 2. Commissioner Gibbons said that the request this evening is for expanded retail space for liquor sales and not the wine tasting. City Attorney William Seligmann pointed out that the request is for both the wine tasting and the expanding off-sale liquor sales. Director Sharon Fierro suggested that the Commission could elect to limit the square footage allocated to wine tasting or leave the limitations to the requirements of ABC. Senior Planner Geoff 1. Bradley suggested that more specifics could be brought back either to SARC or to the Planning Commission. Commissioner Rocha said that he was concerned that this Use Permit also runs with the property not the operator and could be sold to another owner. Suggested that specifics must be established with an element for review of the use. Planning Commission Minutes of September 14, 2004 Page 9 Associate Planner Tim J. Haley advised the Commission that the reason this request is before the Commission is to obtain a Modification to a previously approved Use Permit for a liquor store. The Modification includes two things, expanding the square footage from 2,600 square feet to 4,000 square feet and the addition of wine tasting. Commissioner Roseberry asked if there is a difference in the way ABC treats on-sale liquor sales and wine tasting and if general liquor sales have different requirements. Director Sharon Fierro replied that there are about 100 different licenses through ABC. On sale versus off sale liquor sales. She added that the square footage allocated to wine tasting would be specific. Assured that this use could not be turned into a bar. Commissioner Alderete: · Expressed concern over the expansion of liquor sales. · Said it was odd to have a location where one could buy hard liquor, beer and wine as well as being a place where one can drink. This is a departure from the typical standard in Campbell. · Stated that more thought needs to be given to the wine tasting element of this request. · Pointed out that the addition of about 1,500 square feet to the retail liquor sales represents a doubling of the existing square footage. · Stated that there are already three to four corners in this area where alcohol is sold and that he is not sure why more liquor sales are needed at this location. · Reminded that the Commission has denied expansion of liquor sales in another area of town in the recent past. Commissioner Rocha said he has concerns about this expansion and also a number of items. Said he is not supportive of the wine tasting element, believing this component needs additional thought. Said that he concurred with Commissioner Alderete that there is hard liquor available all around there. Chair Doorley: · Said that the proposed wine tasting changes the character of this use in a way that he is not comfortable. · Said that he could support the expansion of retail space. · Pointed out that the liquor store relocation request for McGoon's that was denied by the Commission was under different circumstances since that proposed site was directly located within a quiet residential neighborhood. · Said that he is willing to discuss the expansion without the wine tasting element. Commissioner Gibbons: · Said that there is another issue, the practice of plastering liquor signs over most of the windows. · Reminded that the Ordinance now limits such signs to no more than 25 percent. · Said that Longs, Walgreens and Nob Hill also sell liquor in the immediate area. · Said that she is okay with the expansion of retail liquor sales. Planning Commission Minutes of September 14, 2004 Page 10 · Suggested that an additional requirement be imposed that the wine tasting not exceed 50 square feet, designed to the satisfaction of the Community Development Director and subject to the appropriate licenses as required by ABC. · Said that a portable setup for wine tasting could be utilized but not a permanent and on- going wine tasting setup. Commissioner Rocha said that he mostly agrees. Pointed out that Freddie's old location was approximately 8,000 square feet. Said he has no problem with a successful business expanding and that 50 square feet for the wine tasting might be too small. Suggested that the wine tasting area be cordoned off and with limited access. Commissioner Alderete said that he was not supportive as it stands, as this is the gateway to the City from the west end. Said he does not want to intensify liquor sales in the area. Chair Doorley said he is open to excluding wine tasting altogether, as the request for it is not sufficiently fleshed out. There is not enough of a plan for the wine tasting for the Planning Commission to consider. Commissioner Gibbons proposed a motion to adopt a Resolution approving a Modification to a Use Permit to allow the expansion of an existing liquor store with a wine tasting area to be defined adding Condition l-E to read that "wine tasting area of a size to be determined by the Community Development Director subsequent to the appropriate ABC approval process. This motion died for lack of a second. Motion: Upon motion of Commissioner Roseberry, seconded by Commissioner Hernandez, the Planning Commission adopted Resolution 3583 approving a Modification (PLN2004-85) to a previously approved Conditional Use Permit (PLN2000-35) to allow the expansion of an existing liquor store (Fred dies Liquors) by approximately 2,226 square feet in order to accommodate a delicatessen and the expansion of the liquor store, with the removal of the wine tasting component, on property owned by Wing Center located at 1581 W. Campbell Avenue, Units Nand Q, and found this project to be Categorically Exempt under CEQA, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Doorley, Francois, Gibbons, Hernandez and Roseberry Alderete and Rocha None None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** Chair Doorley read Agenda Item No.3 into the record. Planning Commission Minutes of September 14, 2004 Page 11 3. PLN2004-86 Industrial Strength Kickboxing Public Hearing to consider the application of Industrial Strength Kickboxing for a Conditional Use Permit (PLN2004-86) to allow the establishment of a fitness training facility consisting of approximately 10,000 square feet within an existing commercial building on property owned by Limar Realty Corp. #30 located at 1282 White Oaks Road in an M -1-S (Light Industrial) Zoning District. Staff is recommending that this project be deemed Categorically Exempt under CEQA. Planning Commission decision final, unless appealed in writing to the City Clerk within 10 days. Project Planner: Tim J. Haley, Associate Planner. Mr. Tim J. Haley, Associate Planner, presented the staff report as follows: · Advised that the applicant is seeking approval of a Conditional Use Permit to allow a kickboxing and fitness facility within the rear portion of an existing 40,000 square foot building located near Highway 17 and Camden Avenue on the easterly side. · Explained that an R&D business is operated at the front of the building and the applicant is proposing to occupy approximately 10,000 square feet at the rear. · Described the Zoning as M-1-S (Light Industrial), which requires a Use Permit to allow a fitness facility. · Recommended approval. Commissioner Roseberry presented the Site and Architectural Review Committee Permit report as follows: · SARC reviewed this project on August 24th and looked at the issue of parking. · Concerns over parking are addressed by a shared parking concept. · Said that the use of parking is underutilized right now and the proposed hours of the two uses on site would dovetail nicely. · Said that the site is isolated from residential uses. · Expressed support for approval. Commissioner Rocha asked why this application is before the Commission if the use IS allowed under the zoning, much like Gold's Gym on Hamilton Avenue. Associate Planner Tim J. Haley pointed out that Use Permits are required and that Gold's Gym obtained a Use Permit when it was established on Hamilton. Commissioner Alderete joked that such a business will be needed after eating foods prepared at the culinary school. Chair Doorley opened the Public Hearing for Agenda Item No 3. Ms. Rene Maus, 1270 Hoffman Lane, Campbell: · Asked about the M-I-S Zoning and the restricted hours that go with it. Planning Commission Minutes of September 14, 2004 Page 12 Associate Planner Tim 1. Haley advised that the applicant is proposing operational hours from 7:30 a.m. to 10 p.m. while Commercial and Industrial Zonings allow hours between 6 a.m. and 11 p.m. Chair Doorley sought clarification that the applicant is proposing earlier closing hours than allowed. Associate Planner Tim J. Haley explained that R&D hours are from 6 a.m. to II p.m. Ms. Rene Maus: · Stated that the building is located on the property line with a four-foot wide landscaping strip and then Hoffman Lane. There is a wall that runs from the northwest corner to the U- Haul business location next door. The wall ranges in height from nine feet to six feet. · Explained that the San Jose Mercury News previously occupied this location, which created a great disturbance to the area. · Expressed concern for the potential of traffic and pedestrian noise to 10:30 p.m. when people are leaving this business as well as for the lighting of the parking light that could shine onto the homes located behind. · Said that there have been issues with this property's owners regarding site maintenance and that she has worked with Planning staff to remedy the situation. Chair Doorley asked Ms. Maus if there is another use that she feels would be better suited. Is her concern for this applicant or any use of the site. Ms. Rene Maus replied that only the Mercury News operated beyond the typical 9 a.m. to 5 p.m. hours. She added that her concerns are not this specific use but rather the traffic and noise impacts it could generate. She questioned how she could deal with situations if they should come up, particularly noise issues. Chair Doorley instructed staff to ensure that Ms. Maus has the proper contact phone numbers. Commissioner Gibbons asked if Hoffman is the private drive that dead ends and faces this property. Ms. Rene Maus replied yes. Commissioner Hernandez asked Ms. Maus if she supports uses if the operational hours are reasonable. Ms. Rene Maus replied that it is hard to say. She added that 10 p.m. is less of a concern. She had originally understood that the hours would go to 10:30 p.m. She reiterated that the hours and noise impacts are of most concern. Commissioner Hernandez asked Ms. Maus what times would be okay with her, be it 8 or 9 p.m. Ms. Rene Maus said that those hours would be less of a concern. Planning Commission Minutes of September 14, 2004 Page 13 Commissioner Hernandez asked Ms. Maus if this industrial building was in place when she purchased her home. Ms. Rene Maus replied no. Commissioner Alderete asked Ms. Maus what exposure she has to the site from her property. Ms. Rene Maus: · Pointed out that her property is the second one from the end on Hoffman. She can look over the wall at the lights above the entrances. · Cautioned that people using this site won't even have a clue that there are homes so close by. She is about 120 feet away from the back of this building and her neighbor is closer at about 70 feet. Commissioner Alderete reported that he too resides near a sound wall and Highway 17 and agrees that ambient noise is a problem with these walls. Ms. Rene Maus said that the walls don't make a difference. They don't act as a sound barrier. Mr. Dave Dixon, Project Applicant: · Thanked Ms. Rene Maus for her comments. · Explained that they will operate this as a corporate fitness boutique health center. · Added that classes typically will conclude by 9 p.m. and that staff will be cleaning the facility in preparation for early morning classes. · Stated that their clientele consists mainly of housewives from Los Gatos, Saratoga and Campbell. They don't linger on site following their classes. · Said that they have established operating hours that conform to the zoning requirements. · Expressed regret that he had not had the opportunity to meet with nearby residents. · Stated that he too resides just three miles away adjacent to Highway 17. · Assured that he does not want to increase Ms. Maus' noise levels with his business. · Added that there would be no need to change or increase the site's exterior lighting. Commissioner Rocha asked Mr. Dixon about the loitering issue. Mr. Dave Dixon: · Said that the classes end by 9 p.m. The clientele, mostly wives and business people, do not linger after class. Their clients are about 96 percent women. · Said that they have staff who can assure that no loitering occurs. · Added that they would encourage their clients to respect the neighbors. · Pointed out that they teach many self defense and kids classes. Commissioner Rocha pointed out that the Police don't like to respond to Code Enforcement Issues. Mr. Dave Dixon said that as a former police officer himself, he can agree with that statement. Planning Commission Minutes of September 14, 2004 Page 14 Commissioner Hernandez asked Mr. Dave Dixon what must be done to close down the facility for the day. Mr. Dave Dixon: · Replied that closing for the night includes closing down the register and ensuring that the bathrooms are clean and ready for the next day. They want to ensure that the facility is ready to go for the next day, as there is just a half an hour between opening time and the first class beginning. · Explained that until about 7 p.m., the classes are fitness type sessions. Thereafter, they are more spiritually centered types ofwellness classes such as yoga and tai chi. Commissioner Hernandez pointed out the positioning of the trash enclosure on the north side. Mr. Dave Dixon said he would not have placed it in that location. Commissioner Hernandez asked if after hours clean up work would include dumping trash into the dumpster late at night. Mr. Dave Dixon replied that work is totally internal cleaning. Commissioner Hernandez asked how a 9 p.m. closing time would impact this use. Mr. Dave Dixon replied that it would be a tight squeeze to operate only until 9 p.m. He added that they would like the opportunity to operate to 10 p.m. to prove their ability to function on this site without problem. Chair Doorley closed the Public Hearing for Agenda Item No 3. Commissioner Gibbons suggested that the typical Condition of Approval regarding noise issues be included on this project. Associate Planner Tim J. Haley said that staff had not anticipated a noise issue for this site. Commissioner Gibbons suggested that a condition, allowing referral of this use back to the Community Development Director if necessary, be added. She said she was supportive of operations to 10 p.m. with this addition to the Conditions. Hours could be amended if problems come up. Motion: Upon motion of Commissioner Hernandez, seconded by Commissioner Alderete, the Planning Commission adopted Resolution 3584 approving a Conditional Use Permit (PLN2004-86) to allow the establishment of a fitness training facility consisting of approximately 10,000 square feet within an existing commercial building on property owned by Limar Realty Corp. #30 located at 1282 White Oaks Road with the added Condition to address handling of potential noise impacts and found this project to be Categorically Exempt under CEQA, by the following roll call vote: Planning Commission Minutes of September 14, 2004 Page 15 AYES: NOES: ABSENT: ABSTAIN: Alderete, Doorley, Francois, Gibbons, Hernandez, Rocha and Roseberry None None None Chair Doorley advised that this action is final unless appealed in writing to the City Clerk within 10 days. *** Chair Doorley read Agenda Item No.4 into the record. 4. PLN2004-95 (ZC) PLN2004-96 (PD) PLN2004-97 (TS) Warmoth, J. Public Hearing to consider the application ofMr. Jeff Warmoth, on behalf of Campbell Avenue Associates, LLC, for a Zone Change (PLN2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004-96) and Tentative Subdivision Map (PLN2004- 97) to allow the construction of a three-story mixed-use building accommodating 23 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. Campbell Avenue in the C-3-S (Central Business District) Zoning District. Staff is recommending that a Negative Declaration be adopted for this project under CEQA. Tentative City Council Meeting Date: October 5, 2004. Project Planner: Tim J. Haley, Associate Planner. Commissioner Gibbons recused herself from consideration of Item No. 4 as she has a professional conflict. She left the dais and the Council Chambers. Director Sharon Fierro advised that this item is proposed for continuation to the next meeting on September 28th to allow the applicant to make changes to the Tentative Map. This gives staff an additional two weeks to complete the staff report. Chair Doorley opened the Public Hearing for Agenda Item No 4. Motion: Upon motion of Commissioner Rocha, seconded by Commissioner Francois, the Planning Commission continued consideration of a Zone Change (PLN2004-95) from C-3-S (Central Business District) to C-PD (Condominium Planned Development); a Planned Development Permit (PLN2004-96) and Tentative Subdivision Map (PLN2004-97) to allow the construction of a three-story mixed-use building accommodating 23 residential condominiums, 11,240 square feet of retail and 4,760 square feet of retail mezzanine space on property owned by the City of Campbell Redevelopment Agency located at 175-201 E. Campbell Avenue to the next regular Planning Commission meeting to be held on September 28, 2004. (6-0-0-1; Commissioner Gibbons abstained) Planning Commission Minutes of September 14, 2004 Page 16 Commissioner Gibbons returned to the dais following the conclusion of discussion on Agenda Item No.4. *** REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR The written report of Ms. Sharon Fierro, Community Development Director, was accepted as presented with the following additions: · Advised that Council authorized a public art agreement for Ainsely Park. · Reported that one of the items set for the next agenda, a day care facility on Winchester, would be continued to the October lih meeting as a result this evening's SARC meeting. This will leave five items for the agenda on September 28th. · Advised that a Study Session has been requested for September 28th. The applicant, the owners of Fung Lums, is concerned about the timing of their project because there are no Council public hearings held in December, unless an emergency item arises, so the latest Council meeting available this year would be in November. With delays, the applicant would have to wait until January for public hearing before Council. The project includes the demolition of the restaurant and construction of a four-story mixed-use building with retail on the first floor and three floors of residential condominiums above. Council took an initial look at the proposal at a recent Study Session. Staff now wants to bring the proposal to the Planning Commission for an initial look. · Asked the Commissioners for alternate dates for a Study Session. · Said that staff would contact the Commissioners by email to secure an alternate day and time for this Study Session instead of immediately following the regular meeting on September 28th. Commissioner Francois said that while he prefers to have Study Sessions on PC nights when possible, it would be unfair to the applicant to hold one on an evening with such a long regular agenda. In this case, a separate date would be better. Commissioner Rocha said he was fine with a separate date for this Study Session as this project warrants as much attention as the Commission can give to it. Commissioner Gibbons expressed support for a separate Study Session as this is too critical a site. She cautioned that there is no obligation to put this project onto a fast track. Director Sharon Fierro proposed September 30th for the Study Session. Since most of the Commissioners did not have their calendars, she suggested that staff forward email to coordinate a date. ADJOURNMENT The Planning Commission meeting adjourned at 9:32 p.m. to a Study Session immediately following this meeting and subsequently to the next Regular Planning Commission Meeting of September 28, 2004. Planning Commission Minutes of September 14, 2004 Page 17 SUBMITTED BY: (L~ Corinne A. Shinn, Recording Secretary APPROVED BY: (' &d'/j)~- Ge e Doorley, Chair Á~~ ATTEST: